Jharkhand High Court
Kishor Kostao @ Kishore Kaustav @ ... vs The State Of Jharkhand on 17 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 645 of 2023
Kishor Kostao @ Kishore Kaustav @ Kishor Kastao
... .... Petitioner
Vs.
The State of Jharkhand ... .... Opposite Party
CORAM: HON'BLE MR. JUSTICE RATNAKER BHENGRA
For the Petitioner: Mr. Nilesh Kumar , Advocate
Ms. Alka Kumari, Advocate
For the State: Mrs. Anuradha Sahay , APP
03/17.02.2023
: Heard both the counsels.
Learned counsel for petitioner has submitted the
occurrence has taken place in Sahibganj, however, the petitioner
himself resides at Jamshedpur. It is further submitted that no doubt
the petitioner has business interest at Sahibganj and even at the place
of occurrence where the occurrence is said to have taken place and at
the time of occurrence, the petitioner was not there. He used to
occasionally visit Sahibganj. It is further submitted that recovery was
made from a room of one person by the name of Sunil Kumar, who
happens to be a Munshi. Therefore, he says that it can not be said that
the recovery was made from the conscious possession of the
petitioner himself rather it was made from the conscious possession of
one Sunil Kumar and therefore, for such allegations he cannot be held
liable. He has also cited certain judgments on the point of conscious
possession of arms in law. He has also submits that the police have
been so proactive that one year old son of the petitioner ' MALIK
KA BETA' has also been made accused in this case. It is further
submitted that petitioner has only one son. The learned counsel for the
petitioner has also submits that petitioner has no prior criminal
antecedent of other criminal cases.
The learned counsel for the State, learned APP has opposed the
anticipatory bail application and submitted that the land and property
where the huge amount of arms were recovered and seized belongs to
the petitioner and therefore, the petitioner cannot escape the liability,
moreover, the recovery of arms were made from one Sunil Kumar,
who happens to be the Munshi of this petitioner and therefore,
definitely, the petitioner cannot escape the liability and conscious
possession also extends to him.
Having heard counsels for both the side; having gone
through the records of the case and in the facts and circumstances of
the case, I am inclined to grant anticipatory bail to the petitioner and
accordingly, the petitioner, above named, is directed to surrender in
the court below within two weeks from today and in the event of his
arrest or surrender the court below shall enlarge the, above named
petitioner, on bail on furnishing bail bond of Rs. 20,000/-(Twenty
Thousand), with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Sahibganj in
connection with Borio (J) P.S. Case No. 303 of 2022, subject to the
condition as laid down under section 438(2) of the Cr.P.C., with
further condition that the petitioner will submit self-attested
photocopy of his Aadhaar Card and also submit his mobile number
before the learned Court below which he will always keep active and
will not change it during pendency of this case without prior
permission of the Court with further condition that the petitioner
petitioner shall remain present on each and every date of trial before
the Court below unless dispensed with by the learned Court below.
( Ratnaker Bhengra,J.)
Sharda/-
